Third Offense DUI in Indiana

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A third DUI conviction in Indiana within ten years is a felony. In the Indiana Code, the phrase "Operating While Intoxicated" (OWI) is used to describe driving under the influence (DUI). People charged with a DUI/OWI face administrative penalties and criminal penalties.

Administrative Penalties

If you are convicted of a third DUI/OWI in Indiana, your driver's license will be suspended. If your last DUI/OWI conviction occurred more than five years but less than 10 years before the conviction under consideration by the court, your driving privileges will be suspended for at least 180 days but not more than two years. If your last DUI/OWI conviction occurred less than five years before the conviction under consideration by the court, your driving privileges will be suspended for at least one year but not more than two years.

The Lookback Period

Indian does not have a traditional lookback period -- the time limit during which a previous OWI is considered as a "prior." However, the courts consider two time periods -- five and ten years -- when determining penalties. For example, the Bureau of Motor Vehicles uses a 10 year period when determining whether to classify you as a habitual traffic offender.

Felony vs. Misdemeanor

If your previous OWI/DUI conviction occurred within the five years immediately preceding the most recent charge,you will be charged with a Class D felony. Barring other extenuating circumstances defined in the code, you will be charged with a misdemeanor.

Criminal Penalties

When you have at least two previous DUI/OWI convictions, in addition to any penalties the court orders for commission of the crime, you will be imprisoned for at least 10 days or ordered to perform at least 360 hours of community service. You will also be required to complete a drug/alcohol abuse assessment, and if deemed appropriate, successfully complete a treatment program.